GAUTAM GORDHANDAS MEHTA vs GORDHANDAS GIRDHALAL MEHTA

Judgment text excerpt

Sumedh 9-ial-12635-2025-J.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION (L) NO.12635 OF 2025 IN TESTAMENTARY PETITION NO.980 OF 2013 Gordhandas Girdhalal Mehta ]… Deceased Gautam Gordhandas Mehta ] aged 75 years, Hindu, of Mumbai ] Indian inhabitant, Occupation Service, ] residing at 52, Marble Arch, 5th Floor, ] Dr. G. Deshmukh Marg, Peddar Road, ] Mumbai-400 026, being Sole Surviving ] Executor named under the ] Will of the deceased abovenamed. ]… Applicant/Petitioner Ms. Hrushi Narvekar a/w. Adv. Aparna Wagle for the Applicant. CORAM : KAMAL KHATA, J. RESERVED ON : 1st October, 2025. PRONOUNCED ON : 15th October, 2025. JUDGMENT: 1) By this Application filed under Section 301 of the Indian Succession Act, 1925 (‘ISA’), the Applicant – who is both the sole beneficiary and the Executor to the deceased estate – seeks appointment of a new Executor on account of his advanced age, ill- health and consequent inability to discharge his duties relating to transfer and administration of the estate’s assets. Digitally signed by SUMEDH SUMEDH NAMDEO NAMDEO SONAWANE SONAWANE Date: 1/5 2025.10.16 09:53:14 +0530 Sumedh 9-ial-12635-2025-J.doc 2) Gordhandas Girdhalal Mehta (the deceased) passed away on 11th January 1999, leaving behind his wife Vimlaben and son - the present Applicant. The deceased left a Will dated 2 nd October 1984 whereby he appointed his wife, his son, and CA Narendra Mehta as Executors with a power to appoint other persons as Executors upon demise or retirement of any of the named Executors or upon their choosing. His wife Vimlaben and his son the Applicant, were named as beneficiaries in respect of certain movable and immovable properties. The assets of the deceased are situated in Sewree, Khandala and